中國對(duì)外貿(mào)易與外商投資法律制度

內(nèi)容概要

　　Introduction to Legal System on Foreign Trade and Investment、Framework and Sources of Legal System on Foreign Trade and Investment、Subjects of Legal System on Foreign Trade and Investment、Relation Between WTO Agreements and Chinese Legal System、Contract Law on Foreign Business in China、Types of Contracts on Foreign Business、Contracting Authority、Main Terms of Contracts、Conclusion and Forms Of Contracts、Offer and Acceptance、Standard Terms under Fairness Principle、Special Terms of Contracts、Agency System under Contract Law、Void Contracts、Termination of Contracts等等。

作者簡(jiǎn)介

Brief Profile of Sun Nanshen, Sun Nanshen is the dean and professor at Law School of Fudan University where he teaches courses of international investment law, international trade law，private international law，etc. which are also his research fields.The main representative publications by Professor Suninclude five works on the above fields，i.e.（1）International Custores of Foreign Invest-merit,Guizhou People's Publishing House，1994；（2）Economic International Law，HehaiUniversity Publishing House，1995；（3）Chinese Legal System 017Foreign Trade in Service，Law Press，2000；（4）Legal Systems on Foreign Business Under WTO，People's Court Publishing House，2003；（5）Legal System of Judicial Review Under WTO Mechanism，Law Press，2006.In addition，he also published approximately 140 academic articles in various legal journals on legal issues of foreign investment law，foreign trade law，Chinese economic law on foreign business. economic international law and private international law.Brief Profile of Sun WenSun Wen，Ph.D at law，is associate professor in Law School，Nanjing University. With a MAdegree in international 1aw.she went to School of Advanced International Studies.JohnsHopkiRS University and got Master of International Public Policy in 2001.Her researchfields are international business law and WTO rules，especially anti-dumping law. She has published around 20 articles in various legal journals and is the author of Comparative Study on Anti-dumping Judicial Review（Naniiing University Publishing House，Dec.2004），and the CO-translator of The American Supreme Court（Robert Mccloskey，Revised by Sanford Levinson；Publishing House of China University of Political Scienceand Law.August2005）and Process of Constitutional Decision making：Cases and Materials（Paul Brest，Sanford Levinson，J.M.Balkin，Akhil Reed Amar,Publishing House of China University of Political Science and Law，August 2002）.

書籍目錄

CHAPTER 1 Introduction to Legal System on Foreign Trade and Investment1.1 Framework and Sources of Legal System on Foreign Trade and Investment1.2 Subjects of Legal System on Foreign Trade and Investment1.3 Relation Between WTO Agreements and Chinese Legal SystemCHAPTER 2 Contract Law on Foreign Business in China2.1 Types of Contracts on Foreign Business2.2 Contracting Authority2.3 Main Terms of Contracts2.4 Conclusion and Forms Of Contracts2.5 Offer and Acceptance2.6 Standard Terms under Fairness Principle2.7 Special Terms of Contracts2.8 Agency System under Contract Law2.9 Void Contracts2.10 Termination of Contracts2.11 Assignment of Contracts2.12 Liability for Breach of Contracts2.13 Force MajeureCHAPTER 3 Trade Law on Foreign Business3.1 Foreign Trade Law3.2 Customs Law3.3 Law of Commodity Inspection3.4 Rules of Origin3.5 0ther Non-Tariff Measures3.6 Trade in ServicesCHAPTER 4 Investment Law on Foreign Business4.1 Legal Forms of Foreign Investment4.2 Legal Protection of Foreign Investment4.3 Legal Procedures for Establishment of Foreign Investment Enterprises4.4 Capital Contribution Control4.5 Land Use Right4.6 Regulations on Merger and Acquisition(M&A)4.7 Measures for Liquidation of Foreign-Invested Enterprises4.8 Regulations on Securities Invested4.9 Tax Law on Foreign InvestmentCHAPTER 5 Intellectual Property Right Law Related to Trade5.1 Patent Law5.2 Trademark Law5.3 Copyright Law5.4 Regulation on Computer Program and Circuit Lay-out Design5.5 Rules on Trade Secret(Undisclosed Information)5.6 Legal Procedures for Protection of IPRCHAPTER6 Regulations on Foreign Exchange Control6.1 General Principles of Foreign Exchange Control6.2 Foreign Exchange Control on Foreign Direct Investment6.3 Foreign Exchange Conbol on Foreign Loa ns6.4 Foreign Exchange Control on Securities InvestmentCHAPTER 7 Trial System on Cases with Foreign Elements7.1 Chinese Civi J Procedure Law in GeneraI7.2 Jurisdiction Rules on Cases with Foreign Elements7.3 Choice of Law Rules on Cases with Foreign Elements

章節(jié)摘錄

（2）Though Chinese enterprises and other economic organizations are may not necessarily have the power to engage in foreign trade.They may acquire the qualificaion to deal foreign trade only after applying to adminis.tration authorities on foreign trade for approval. If they undertake other types of business cooperation，such as joint venture，technology introduction or compensation trade，they also need to submit foreign business contracts to government for approval. However，according to Chin's commitment，within three years after its entry into WT0.all the enterprises in China would have the right to deal with international trade in goods9 and the approval procedures would be replaced by a legal registration procedure.（3）Foreign-invested enterprises in China，namely equity joint ventures，contractual joint ventures and wholly foreign-owned enterprises，have the legal status as Chinese legal person and are under the governance and protection of Chinese laws. These enterprises all have the right to deal international trade and may undertake foreign trade activities directly. At the same time，administrative relations with foreign elements also arise between these enterprises and administrative authorities，in the fields such as application and registration of foreign-invested enterprises，international trad administration，customs regulation，import and export inspection and foreign exchange contr01.Therefore，foreign-invested enterprises are also subjects in the foreign business legal relations.（4）Some special national level companies in China may be empowered with certain administrative authorities.

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